House Democrats are demanding that the U.S. Postal Service (USPS) reject President Donald Trump’s executive order aimed at limiting mail-in voting access. In a letter sent Friday to the USPS Board of Governors, Ranking Members Robert Garcia and Joe Morelle argued that the agency should refuse to enforce the order, which instructs USPS to reject ballots from voters not listed on a federal voting roll.

The lawmakers contend that Trump’s order exceeds presidential authority, as USPS operates as an independent agency accountable only to its Board of Governors. They emphasize that federal law prohibits the agency from making “any undue or unreasonable discrimination among users of the mails.” Additionally, the order would force USPS to assume election administration duties, which it is not legally empowered to perform.

Key Provisions of Trump’s Executive Order

Issued in late March, the executive order directs states to:

  • Notify USPS 90 days before a federal election whether they plan to allow mail-in or absentee ballots.
  • Provide a list of eligible voters to USPS within 60 days of the election.
  • Require USPS to compile mail-in and absentee participation lists for each state and reject ballots from voters not on those lists.

However, the order lacks legal authority. States are not required to share voter data with USPS, nor is USPS authorized to demand such information. The timeline imposed by the order could disenfranchise millions of voters, the Democrats argue.

Risks of a Two-Tiered Voting System

The letter highlights that all 50 states and the District of Columbia permit voter registration and mail-in ballot applications up to 60 days before an election, with some states allowing later deadlines. The Democrats warn that the order creates a “two-tiered voting system” where some Americans’ voting rights could be denied.

They also raise concerns about the feasibility of reconciling state-supplied voter lists with the DHS State Citizenship List, questioning how USPS would verify the accuracy of the data. The letter states:

“It is not clear how the Postal Service would reconcile differences or verify the accuracy of state-supplied voter lists alongside a DHS State Citizenship List. This EO will quickly create a two-tiered voting system where some Americans’ right to vote would be denied.”

Demands for Transparency and Legal Action

The Democrats requested that the USPS Board of Governors clarify whether it plans to implement Trump’s order and which provisions it intends to follow. They also demanded a staff-level briefing to explain the agency’s response and address the concerns outlined in the letter.

At least two dozen states have already filed lawsuits against the Trump administration to block the order, arguing it infringes on their constitutional right to administer elections. The letter also references Trump’s repeated threats to “nationalize” or “take over” federal elections, as well as his unsubstantiated claims of widespread voter fraud.

Republican Opposition to Mail-In Voting Persists

Republicans continue to push for the SAVE America Act, a bill that would prohibit universal mail-in voting. Senate Majority Leader John Thune has indicated that the measure is not a top priority. Under the proposed legislation, voters would be required to submit an application to receive a mail-in ballot.